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HomeMy WebLinkAboutRES 2026-01PLANNING COMMISSION RESOLUTION NO.2026-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL CERTIFY THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT (SCH NO. 2018061066), ADOPT FINDINGS OF FACT AND A STATEMENT OF OVERRIDING CONSIDERATIONS, AND APPROVE THE MITIGATION MONITORING AND REPORTING PROGRAM FOR THE TOWN CENTER SPECIFIC PLAN. A. RECITALS 1. On December 17, 2019, the City Council adopted the Diamond Bar General Plan 2040 ("General Plan") and the Climate Action Plan 2040 ("CAP") to create a vision and blueprint for development through 2040. The Diamond Bar General Plan 2040 establishes the Town Center Mixed -Use, Neighborhood Mixed -Use, Transit Oriented Mixed -Use, and Community Core Overlay focus areas and corresponding land use designations, estimates that up to 3,750 new housing units could be built in the city by 2040, and anticipates that much of this growth will occur within these four focus areas. 2. On August 11, 2022, the City Council adopted the City's 2021-2029 General Plan Housing Element ("2021-2029 Housing Element" or "6th Cycle Housing Element"), which was subsequently found by the California Department of Housing and Community Development (HCD) to be in full compliance with State Housing Element Law (Article 10.6 of the Gov. Code) on October 5, 2022. The 2021-2029 Housing Element identifies sites to accommodate the City's Regional Housing Needs Allocation (RHNA) of 2,516 residential units, including through rezoning of underutilized sites in the Town Center Mixed - Use, Neighborhood Mixed -Use, Transit Oriented Mixed -Use focus areas to allow residential development at a minimum density of 20 dwelling units per acre and a maximum density of at least 30 dwelling units per acre. 3. In conjunction with the adoption of the General Plan and the CAP, the City, as lead agency, prepared an Environmental Impact Report, State Clearinghouse Number 2018051066, to analyze the potential environmental impacts of those plans (the "EIR"). The City Council certified the EIR on December 17, 2019, and the City filed a Notice of Determination on December 18, 2019. In conjunction with the adoption of the 2021-2029 Housing Element, the City, as lead agency, evaluated the potential environmental impacts of the Housing Element in an addendum to the EIR, and the City Council adopted the addendum on August 11, 2022. 4. On January 27, 2025, the City Council adopted Resolution No. 2025-04 approving an amendment to the Land Use Element of the General Plan to establish a minimum residential density of 20 dwelling units per acre and a maximum residential density of 30 dwelling units per acre on sites within the Town Center Mixed -Use and Neighborhood Mixed -Use Land Use Designations. 5. On February 4, 2025, the City Council adopted Ordinance No. 01 (2025), establishing the housing element site (H) overlay district to provide development and land use regulations for the development of multifamily dwellings on specified sites identified in the City of Diamond Bar 2021-2029 Housing Element to accommodate the City's RHNA requirements. The Zoning Map was concurrently amended to apply the H overlay district designation to those parcels with a General Plan land use designation of Town Center Mixed -Use, Neighborhood Mixed -Use, and Transit -Oriented Mixed -Use. The H overlay district establishes a maximum residential density of 30 dwelling units per acre. Because the H overlay district implements the densities established in the General Plan Land Use Element and required by the 2021-2029 Housing Element for the Town Center Mixed -Use, Neighborhood Mixed -Use, Transit Oriented Mixed -Use focus areas, the City Council determined that the rezoning of the specified sites would not result in any new significant impacts or a substantial increase in the severity of previously identified significant impacts; therefore, no further environmental analysis was required. (Public Resources Code § 21166; CEQA Guidelines §§ 15168, 15162.) 6. The Town Center Mixed Use land use designation ("Town Center" or "Planning Area") consists of approximately 45 acres, bounded on the north by the Pomona Freeway (State Route [SR] 60), on the east by a neighborhood of single-family homes, on the south by Lorbeer Middle School and Mount Calvary Lutheran Church and School, and on the west by the Fall Creek private condominium community. The Planning Area is composed of 35 individual parcels with 23 unique property owners within a suburban -style commercial district. The Planning Area is centered around Diamond Bar Boulevard, a six -lane thoroughfare with painted bike lanes, that bisects the Town Center and extends over 1,800 feet. It is bounded on the south by Golden Springs Drive for approximately 1,600 feet and on the north by the SR-60 Freeway. Access to the Town Center is provided by both SR-60 and SR-57. Travelling on SR-60, access to the Town Center can be attained by Diamond Bar Boulevard (Exit 26). 7. The Land Use and Economic Development Element the General Plan established the Town Center Mixed -Use land use designation to transform a suburban style, auto -oriented neighborhood commercial area .into a "vibrant, pedestrian -oriented Town Center in Diamond Bar" to "encourage a mix of uses with an emphasis on community -serving and destination retail, 2 dining, and entertainment uses, in addition to offices, professional services, and residential uses. 8. In July 2022, the City initiated preparation of the Town Center Specific Plan ("TCSP") to implement the vision, goals and policies set forth in the General Plan, as well as the recommended land use strategies published in the Urban Land Institute -Los Angeles ("ULI-LA") Technical Assistance Panel ("TAP") Report, published in April 2021. One of the TAP Report's key recommendations was to accommodate a residential buildout of more than 2,000 dwellings units in the Town Center, or approximately 700 more dwelling units than what a base density of 30 dwelling units per acre would yield under the current General Plan and zoning designations. 9. The TCSP will establish a regulatory framework to guide the transformation of the Town Center from the existing suburban -style retail shopping centers into a pedestrian -oriented downtown, providing housing opportunities, retail, restaurants, and entertainment uses within the City of Diamond Bar. Implementation of the TCSP is anticipated to result in the development of up to 2,055 housing units (an increase of 705 units); 200 hotel rooms (an increase of 103 rooms); 40,000 square feet of public open space (an increase of 40,000 square feet); and 446,000 square feet of commercial space (a net decrease of 64,000 square feet), including retail, dining, and entertainment uses, as compared to development anticipated for the area under the General Plan, as amended by the 2021-2029 Housing Element. This proposed increase in density is consistent with the major conclusions TAP report, which found that higher residential densities are appropriate for achieving a viable, mixed -use Town Center. Supporting infrastructure and development standards will be implemented through the TCSP and associated entitlements. 10. Approval and implementation of the TCSP requires City Council adoption of concurrent legislative actions, including a General Plan amendment and an ordinance to amend the Official Zoning Map and Title 22 of the Diamond Bar City Code ("Development Code") to establish the TCSP as the regulatory document governing the Town Center. These actions would revise the General Plan criteria and the zoning designation applicable to the Planning Area as necessary to ensure consistency with, and implementation of, the TCSP's framework, including maximum residential density and permitted uses. The General Plan Amendment, TCSP, and amendments to the Official Zoning Map and the Development Code collectively constitute the "Project." 11. The City of Diamond Bar ("City") is the Lead Agency for the Project, as defined by Section 21067 of the California Environmental Quality Act ("CEQA") Statutes (Public Resources Code Section 21000 et seq.). 3 12. The City determined that the appropriate environmental document for the Project would be a Supplemental Environmental Impact Report ("SIR") to the certified General Plan and CAP Program EIR ("Certified EIR"), as addended on August 11, 2022 with adoption of the 2021-2029 Housing Element Update 13. On June 5, 2023, the City disseminated a Notice of Preparation ("NOP") to solicit comments on the scope and content of the SIR. The NOP was sent to the California Office of Land Use and Climate Innovation State Clearinghouse ("SCH"), the Los Angeles County Clerk of the Board, and to responsible and trustee agencies; noticed in the San Gabriel Valley Tribune; mailed to interested stakeholders, property owners and business owners within a 1,000-foot radius of the Planning Area, inclusive of the Planning Area; and emailed to individuals who subscribed to receive TCSP notifications. The NOP was circulated for a 30-day review period that commenced on June 5, 2023, and ended on July 5, 2013. 14. On June 8, 2023, as part of the scoping process, a Scoping meeting was held at Diamond Bar City Hall, 21810 Copley Drive, Diamond Bar, California, during which 30 verbal comments were received and incorporated where appropriate into the Draft SIR. 15. Five public agencies and two individuals submitted written comments on the NOP. These comments were considered and incorporated where appropriate into the Draft SIR. 16. A Draft SIR was prepared, incorporating all of the mandated contents set forth pursuant to CEQA Guidelines Section 15120 et seq. 17. On August 25, 2025, upon completion of the Draft SIR, a Notice of Completion ("NOC") was filed with SCH, and a Notice of Availability ("NOX) was filed with the County of Los Angeles Clerk of the Board, as required by Public Resources Code Section 21092. Pursuant to CEQA Guidelines Section 15087, the City also sent the NOA to anyone requesting it. The NOA was also published in the San Gabriel Valley Tribune on August 25 and September 8, 2025, and copies were mailed to 910 interested parties, property owners and business owners within a 1,000-foot radius of the Planning Area, inclusive of the Planning Area. The Draft SIR was concurrently made available for public review on the City's dedicated TCSP website (www.downtown4db.com), and hardcopies were made available for public review at City Hall (21810 Copley Drive, Diamond Bar, CA 91765) and at the Diamond Bar Public Library (21800 Copley Drive, Diamond Bar, CA 91765). 18. The State -mandated public review period for the Draft SIR is 45 days. The public review period ran for a total of 46 days, from August 25, 2025 to October 10, 2025. 4 19. A total of 28 comment letters and emails were on the Draft SIR during the public review period from public agencies, public interest organizations and individuals. 20. After receiving public comments on the Draft SIR, the City prepared a Final SIR for the TCSP. The Final SIR includes the written comments received on the Draft SIR and the City's responses thereto. The Final SIR identifies minor revisions to the Draft SIR and TCSP made in response to comments received on the Draft SIR, as well as minor corrections to the documents that have been identified by City staff. 21. A Mitigation Monitoring and Reporting Program ("MMRP") was prepared in conformance with Public Resources Code Section 21081.6(a)(1) and is attached hereto as Exhibit A and hereby incorporated by reference. 22. Findings of Fact and -a Statement of Overriding Considerations ("FOF/SOC") were prepared in conformance with CEQA Guidelines Sections 15091 and 15093 and are attached hereto as Exhibit B and hereby incorporated by reference. 23. On February 5, 2026, the Final SIR, MMRP and FOF/SOC were uploaded to the TCSP website, and hardcopies were made available for public review at City Hall and at the Diamond Bar Public Library. 24. On February 10, 2026, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing regarding the Project, solicited testimony from all interested individuals regarding the Project, the SIR, the MMRP, and the FOF/SOC, and concluded said hearing on that date. 25. All legal prerequisites to the adoption of this resolution have occurred. 26. The documents and materials constituting the administrative record of the proceedings upon which the City's decision is based are located at the City of Diamond Bar, Community Development Department, Planning Division, 21810 Copley Drive, Diamond Bar, CA 91765. B. RESOLUTION NOW, THEREFORE, it is hereby found, determined and resolved by the Planning Commission of the City of Diamond Bar, as follows: 1. That all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. That the SIR has been prepared and completed in compliance with the requirements of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. 5 3. That the SIR has been presented to the Planning Commission and that the Planning Commission has reviewed and considered in the information contained in the SIR prior to recommending City Council certify the SIR for the TCSP. 4. That SIR reflects the City's independent judgement and analysis. 5. That mitigation measures, as set forth in the MMRP, have been incorporated into the TCSP, which avoid or substantially lessen significant adverse environmental impacts. identified in Final SIR. 6. That with the implementation of the identified mitigation measures, all potentially significant impacts will be reduced to a level of less than significant with the exception of the following: a. . Air Quality — Implementation of the TCSP would result in a cumulatively considerable net increase of criteria pollutants for which the Planning Area region is non -attainment under an applicable federal or state air quality standard. [Impact 3.2.21 b. Air Quality — Implementation of the Proposed Project would expose sensitive receptors to substantial pollutant concentrations. [Impact 3.2.3] C. Transportation — Implementation of the Proposed Project would conflict or be inconsistent with CEQA Guidelines Section 15064.3, Subdivision (b). [Impact 3.8.1] 7. That the Statement of Overriding Considerations has identified the specific economic, legal, social, technological, or other benefits that override each of the significant and unavoidable impacts associated with the implementation of the TCSP. 8. The Planning Commission hereby recommends that the City Council: certify the Final SIR to be complete and adequate; find that the Final SIR reflects the independent judgment of the City Council; adopt the Statement of Overriding Considerations; and adopt the Mitigation Monitoring and Reporting Program attached hereto as Exhibit A and hereby incorporated by reference. The Planning Commission Secretary shall: (a) Certify as to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution to the City Council of the City of Diamond Bar. A PASSED, APPROVED AND ADOPTED THIS 10th DAY OF FEBRUARY, 2026, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: Rubo To es, Acting Chairperson I, Greg Gubman, Planning Commission. Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a special meeting of the Planning Commission held on the 10th day of February 2026, by the following vote: AYES: 3 Commissioners: Mao, Mehta, Torres NOES: 0 Commissioners: None ABSENT: 2 Commissioners: Rawlings, Worthington ABSTAIN:0 Commissioners: None ATTEST: Greg Gubman, sbretary EXHIBIT "A" Mitigation Monitoring & Reporting Program for the City of Diamond Bar Town Center Specific Plan Environmental Impact Report SCH No. 2018051066 City of Diamond Bar February 2026 Findings of Fact and Statement of Overriding Considerations Page 1 of ## EXHIBIT "B" City of Diamond Bar General Plan 2040 and Climate Action Plan 2040 Final Environmental Impact Report State Clearinghouse No. 2018051066 Findings of Fact and Statement of Overriding Considerations City of Diamond Bar Community Development Department 21820 Copley Drive Diamond Bar, CA 91765 December 2019 Findings of Fact and Statement of Overriding Considerations Page 1 of ##.